ACTION ALERT

Call for Comments on the draft Final SEIS for ANWR Leasing Program
Comment Deadline: November 7, 2023

Overview

On September 8, 2023, the Bureau of Land Management (BLM) announced a final draft Supplemental Environmental Impact Statement (SEIS) on the oil and gas lease sales in the 1002 Area of the coastal plain of the Arctic National Wildlife Refuge (ANWR) (calling it the “Leasing SEIS). The 1002 Area is an area specifically set aside for oil and gas exploration. Public comments on the SEIS are due November 7th.

Background: In 1980, Congress identified the 1002 Area for its potential oil and gas resources. A 1987 Department of the Interior report fulfilling requirements under Alaska National Interest Lands Conservation Act (ANILCA) recommended the 1002 Area for oil and gas development. Since completion of that report, numerous oil fields have been discovered near the coastal plain and oil field technologies have significantly evolved to greatly diminish the footprint of development.

In 2017, the Tax Cuts and Jobs Act (Pub. L. 115-97) (the “Tax Act”) was enacted and, among other things, directed the BLM to hold oil and gas lease sales in the 1002 Area of the Coastal Plain of ANWR. This Coastal Plain leasing program is, in part, the result of the Congressional mandate of the Tax Act. In compliance with the Tax Act, the BLM conducted nine lease sales occurred by the January 2021 deadline. The Alaska Industrial Development and Export Authority (AIDEA) being the successful bidder of 7 of the 9 leases (subsequently, the two other leases were relinquished). In 2019, an earlier Final EIS found that oil and gas development in the 1002 area of ANWR can take place without harming the environment. Alaska is America’s energy warehouse, and we can develop the resources in ANWR while protecting the refuge. In 2021, the Secretary of the Interior suspended this action and BLM announced an intent to conduct scoping and prepare a SEIS that would include alternatives that “[d]esignate certain areas of the Coastal Plain as open or closed to leasing” even though alternatives are beyond the Secretary of the Interior’s statutory authority. This draft final Leasing SEIS is the result of that 2021 process.

Just prior to the notice of this draft Leasing SEIS, the Secretary of Interior inexplicably and unilaterally cancelled AIDEA’s seven existing leases. This action is not addressed in the draft Leasing SEIS document, though AIDEA’s lease rights, if reinstated, are potentially affected by the Leasing SEIS, which addresses the 2024 lease season.

Neither the Alaska National Interest Lands Conservation Act (ANILCA) nor the Tax Cuts and Jobs Act (Tax Act) grant the Secretary of the Interior the authority to temporarily or permanently “withdraw” any portion of the Section 1002 Area from oil and gas leasing or development. ANILCA specifically identified the Section 1002 Area as a potential area for oil and gas leasing as part of the agreement struck among the State of Alaska, the federal government, and native groups to allocate land within the State. Congress made the final determination in the Tax Act to open the Section 1002 Area for leasing and specified a precise timeframe for the Department to hold lease sales. The prior Administration complied with the law by holding a lease sale before the first required deadline of January 2021. Neither ANILCA nor the Tax Act grant authority to the Secretary of the Interior to withdraw some or all of the Section 1002 Area from leasing. By suspending the lawfully issued remaining leases in this area, the Secretary has effectively withdrawn this area from development in direct contradiction to Congress’ directive in the Tax Act.

The footprint of production and support facilities will be limited to no more than 2,000 surface acres at any given time, including private land holdings inside the coastal plain. Future on-the-ground actions, including potential exploration and development proposals, will require further National Environmental Policy Act analysis based on the site-specific proposal. As a result, decisions evaluated in the initial EIS and its record of decision would not authorize any on-the-ground activity associated with the exploration or development of oil and gas resources on the coastal plain.

Comments are due on November 7th, 2023. After that time, the BLM intends to finalize this document for a final Record of Decision. Originally, the comment period for this action was only 45 days. The BLM recently extended the comment period to November 7th; however, this is still insufficient time to properly analyzes the 1400-page document that substantially changes. This comment period also occurs during a time of important subsistence hunting and whaling for Alaska’s North Slope communities most impacted by this decision. The comment period should also be extended 120 days to allow more time for residents of these communities to meaningfully review and comment on the document.

Action Requested: RDC members are encouraged to comment on the SEIS before the November 7th deadline.

Submit your comments here:

Electronically: https://eplanning.blm.gov/eplanning-ui/project/2015144/510

By Mail:
Ms. Serena Sweet, Project Lead
BLM Alaska State Office
Attn: Coastal Plain Oil and Gas Leasing Program Supplemental EIS
222 West 7th Avenue, Stop #13
Anchorage, Alaska 99513

POINTS TO CONSIDER IN YOUR COMMENTS:

  • An extension of time is needed. This final Leasing SEIS was issued during a time of important subsistence hunting and whaling in Alaska’s North Slope communities. The people most impacted by these decisions should be allowed adequate time to review, not to have to choose whether to subsist or review a 1,400-page agency document. Kaktovik is the only native village within the 1002 area. Their input is being minimized and ultimately dismissed.
  • BLM’s decision to stall ANWR development is a bad message for investment in Alaska. An EIS was already completed in September 2019 and it determined that oil and gas development could take place without harming the refuge. The initial EIS (2019) included a wide range of alternatives which contain measures to avoid or mitigate surface impacts and minimize ecological disturbance throughout the program area.
  • The coastal plain was specifically identified by Congress, pursuant to Section 1002 of ANILCA, for its potential for oil and natural gas resources. The Tax Act passed by Congress in 2017 specifically directs the Department of Interior to conduct these lease sales and honor the rights associated with such lease.
  • Responsible oil and gas development in the small fraction of ANWR proposed for leasing will help ensure America’s energy security for decades and allow Alaska – and our nation as a whole – to realize the benefits that come from expanding energy production in Alaska.
  • The footprint of production and support facilities in this leased area will be limited to no more than 2,000 surface acres of the 1.6 million-acre 1002 Area, which is the non-wilderness portion of the refuge’s coastal plain. That is equivalent to just 0.01 percent of ANWR’s 19.3 million acres.
  • Range of Alternatives: Alternative B is the preferred alternative.
  • The Leasing SEIS proposes several alternatives, however, Alternative B is the only alternative that complies with the directive of the 2017 Tax Cuts and Jobs Act which “directs the Secretary of the Interior, acting through the Bureau of Land Management (BLM), to establish and administer a competitive program for the leasing, development, production, and transportation of oil and gas in and from ANWR’s Coastal Plain.” 
  • Alternatives C & D are cost-prohibitive and do not comply with the 2017 Tax Cuts and Jobs Act.
  • AIDEA, who owns the originally issued ANWR leases in the area and is a major stakeholder, should have more consideration than stakeholders who reside in the Lower 48 or not directly in the area.
  • Subjective emphasis is being weighted more heavily throughout the document. It is biased against development supporters. (For example, the Draft EIS heavily considers Gwich'in input which do not reside in the 1002 Area and does not adequately reflect input from Kaktovik, North Slope Borough, and the Iñupiat Community of the Arctic Slope (ICAS).
  • Subjective statements with the Leasing SEIS should be removed from the analysis. For example: “Incremental development of oil and gas-related infrastructure throughout the program area may erode cultural connections to, and subsistence uses of these lands for the Iñupiat, Inuvialuit, and Gwich'in.” The research does not support this subjective opinion.
  • Caribou have flourished on the North Slope since Prudhoe Bay development occurred. Map 314 of the Leasing SEIS shows that caribou are not heavily in the 1002 area and, therefore, the analysis needs to reflect that fact when considering impacts.
  • Responsible development can coexist harmoniously with the environment as evidenced by the Red Dog Mine and Prudhoe Bay. Local jobs supported by such development help support subsistence lifestyles by supporting income needed for boats, fuel, and ATV transportation.
  • The program area covered by the initial EIS contains an estimated 7.68 billion barrels of technically recoverable oil and 7 trillion cubic feet of natural gas.
  • Oil development on a fraction of the coastal plain would create thousands of jobs nationwide, generate billions of dollars in government revenue for public services, keep energy prices for American consumers affordable, and further improve energy security for decades into the future.
  • Since the non-Wilderness coastal plain is less than 60 miles from TAPS, development of energy resources there is one of the most environmentally-sound ways to increase oil production in Alaska.
  • Energy production from the non-Wilderness coastal plain has the potential to offset a decline in Lower 48 shale oil production, which is expected to commence in approximately a decade. Without limited oil development on the coastal plain, America will be forced to once again increase its reliance on foreign imports. With limited development in ANWR, America and Alaska can continue to grow the economy and reduce dependence on foreign oil.
  • Thanks to continuing improvements in technology, practices, and oversight, the oil industry has demonstrated over the past 40 plus years that North Slope energy development and environmental stewardship can and do coexist. The industry has a proven track record of responsible development in sensitive areas, protecting the environment, wildlife and subsistence needs of local residents.
  • Advances in technology have greatly reduced the footprint of development in the Arctic. As much as 60-plus square miles can now be developed from a single 12 to 14 acre gravel drill site. New drilling capabilities are being developed that may increase the subsurface development possible from the same size drill site to as much as 150-plus square miles. The net effect is an ever-decreasing impact on surface resources.
  • It is more beneficial to continue producing oil on the North Slope, which is one of the cleanest energy sources in the world. Oil and gas that isn’t produced in Alaska’s Arctic will be imported from abroad to supply West Coast refineries. Shifting oil production to nations with lower environmental standards and higher carbon emissions will not benefit America nor reduce climate impacts.
  • Development of Native-owned lands on the non-Wilderness coastal plain would provide significant economic benefits to Alaska Natives on the North Slope as well as throughout the state through direct payment of royalties and revenue sharing among the Alaska Native corporations and their shareholders.

Deadline to Comment is November 7, 2023.